642 F. App'x 36
2d Cir.2016Background
- Plaintiffs are security guards who allege AT&T Mobility LLC and related entities violated FLSA and NYLL by withholding wages.
- Plaintiffs worked at AT&T stores and were employed through Gladius, Inc., with A-O Protection Services Corp. and Grace DePompo centrally involved.
- Gladius was a subcontractor; Centuria, Inc. replaced Gladius as AT&T’s security contractor in 2011.
- A-O’s payroll was financed by Gladius and A-O sent guards to AT&T stores, with limited engagement of other clients.
- AT&T store managers supervised plaintiffs’ day-to-day work; AT&T issued post orders guiding incidents, breaks, and detentions.
- The district court granted summary judgment for AT&T; the court of appeals vacated and remanded for trial, applying Zheng’s joint-employment factors (nonexclusive) to assess whether AT&T is a joint employer.
- Note: NYLL claims were not argued separately on appeal and thus omitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AT&T is a joint employer under FLSA. | Plaintiffs contend Zheng factors show AT&T jointly employed them. | AT&T argues factors weigh against joint employment as a matter of law. | No Zheng factor as a matter of law defeats joint employment; summary judgment vacated; remand for trial. |
Key Cases Cited
- Carter v. Dutchess Community College, 735 F.2d 8 (2d Cir. 1984) (employment under FLSA context; factors guide joint-employer inquiry)
- Brock v. Superior Care, Inc., 840 F.2d 1054 (2d Cir. 1988) (focus on whether workers depend on another’s business; relevance to classification)
- Zheng v. Liberty Apparel Co., 355 F.3d 61 (2d Cir. 2003) (six factors for functional control; nonexclusive; fact-intensive)
- Zheng v. Liberty Apparel Co., 389 Fed.Appx. 63 (2d Cir. 2010) (summary order applying Zheng factors to joint-employer inquiry)
- Barfield v. N.Y.C. Health & Hospitals Corp., 537 F.3d 132 (2d Cir. 2008) (joint-employer analysis guidance in the Second Circuit)
- Grenawalt v. AT&T Mobility, LLC, 937 F.Supp.2d 438 (S.D.N.Y. 2013) (district court application of Zheng factors)